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This is an official advisory says there is an agreed scale of fees which bailiffs can charge, however that is by way of a contract between HMCS and the bailiff. There is nothing in that contract that says it can be charged to the debtor, and in any event, there is no contract (or court order) obligating the debtor to pay any fees. The HMCS contract allows the bailiff to deduct the fee from the fine collected and the balance is paid to HMCS.

This confirms bailiffs do know the official position on charging fees on to the debtor, - and are aware of the criminal liability if they are caught. See Section 2 of the Fraud Act 2006 and Section 40 of the Administration of Justice Act 1970.

Re: Distress warrant for non payment of magistrates fine

I am desperate for some help or advice! My bf and I live together and he has been sent a notice of distress warrant for an unpaid magistrates fine...

firstly neither of us know what on earth this could be for, we haven't been asked to go to court yet have not paid a magistrates fine!!!

Neither of our cars are registered here, and the council tax is in both our names so it is strange they have address this letter directly to my bf,

Can bailiffs take your goods for an unpaid magistrates fine if we have not received an invitation to go to court???? It seems very strange!

The amount on the letter is £265 but when I log onto Phillips website it says £340!!

We are going mad here and no one is open (didn't get the letter til today as was out all yesterday)

x

It is likely that a sumons had been sent to a previous address. Many of these unpaid court FINES are from years ago. You will need to find out which court issued the fine and if the information confirms that a summons had been sent which your b/f had not received then he can simply file a Statutory Declaration which will can cancel all enforcement.

PS: The difficult part with these fines is trying to establish the issuing court.

Re: Distress warrant for non payment of magistrates fine

Thanks all

We found out what it was, someone used my boyfriend name EIGHT years ago to bunk a train. He now has to go to court to prove it wasn't him!

The whole thing has been put on hold for 28 days til it gets sorted, nightmare and so ****ed off that they just sent that threatening letter without trying to establish it was for the right person. He has a really common surname too, like discovering there is a joe bloggs on so and so street lets send them a distress warrant, bastards!!!